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(영문) 광주지방법원 2015.12.29 2015고단4192
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Justice, etc.] On January 11, 1994, the Defendant was sentenced to one year and six months of imprisonment for a crime of fraud at the Seoul Central District Court. On September 3, 2004, the Defendant was sentenced to two years of imprisonment for the same crime at the Suwon District Court, etc. On September 3, 2004, the same criminal records were four times. On October 1, 2015, the Defendant was sentenced to two years of imprisonment for the same crime at the Gwangju District Court and is still pending in the appellate trial.

【Criminal Facts】

On April 2012, 2012, the Defendant issued a false statement to the Victim L L, “I will get the victim’s father and wife employed in the said hospital’s computer room by requesting to the head of the computer office in order to offer the teaching expenses to the head of the computer office.”

However, the defendant thought that he would use the money received from the victim for the purchase cost, such as the acquisition and transfer of the money to his own fish farm, and did not have any idea to request the employment.

As such, the Defendant, by deceiving the victim, received KRW 17 million from the victim to the Agricultural Cooperative (N) account in the name of the Defendant in the name of the Defendant, on three occasions. From around that time to February 7, 2013, the Defendant acquired KRW 56,40 million in total from the victim L,O, P, and Q for nine times in total, as described in the attached crime list, through the above method, and acquired it under the pretext of teaching expenses, loans, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the prosecutor and the police accused;

1. Each statement made by the police against L, Q, P, andO;

1. Complaints, statements of transactions, statements of transactions, and receipts (Evidence Nos. 1, 3, 5)

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] is final according to the aggravation of multiple concurrent offenders who have no basic area (6 months to 100 million won) (6 months to 16 months).

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